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Imperialism and the (de)composition of law

failure reveals is the necessity of the responsive quality in law, a quality denied in standard and stultifying affirmations of the distinct determinative force of modern legality. And it is this outcome, this end of a history, which may be of some relevance to the chronic inadequacy of national legal systems in North America and Australia in accommodating claims of indigenous

in Law, history, colonialism
Limiting human agency in the name of negative liberty

THIS chapter seeks to shed some light on a somewhat contradictory situation. The priority of legality over legitimacy which lies at the heart of liberalism from Kant to the present is both the source of liberalism’s critical power and its crucial weakness. This separation is the source of liberalism’s critical power insofar as it provides the adherents of the doctrine with the possibility of insisting on

in Beyond hegemony

possibility of freedom and transcendence in knowledge against purely procedural, pragmatic, contractual or functionalist accounts of legality; whilst the latter may regulate humanity and nature, they cannot reconcile humanity and nature to any significant degree. 8 This is a key part of the overall argument in this book which will be elaborated at various junctures in the next two chapters. This chapter concentrates on the link

in Beyond hegemony

substance. It becomes necessary, therefore, to examine this apparent dichotomy and to introduce any study of the law of armed conflict by considering the nature and legality of war. Before doing so, however. it is as well to bear in mind that Cicero maintained, ‘silent enim leges inter armes . . . Salus populi suprema est lex.’ 2 Clausewitz 3 even went so far as to assert

in The contemporary law of armed conflict

PART I Colonialism’s legality Legalism accompanied and facilitated European colonial expansion into the New World in the fifteenth and sixteenth centuries, and it was at the core of the colonialist enterprise from the seventeenth to the nineteenth century. Here we see the processes of colonialism’s legality, the internal dynamics of law’s theories, the external politics of law’s rule.

in Law, history, colonialism
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Aspects of Gothic in Dickens‘s Fiction

In recent years Dickens‘s use of Gothic has been the focus of some diverse and absorbing critical interpretations. This paper seeks to address in more detail the ways in which Gothic features in Dickens‘s various responses to the law in his work. Scenes of madness, hauntings and murder all feature as ways of punishing transgressive individuals in the form of melodramatic substitutes to state law in OliverTwist and Barnaby Rudge, and the Gothic affects justice in later novels such as LittleDorrit.,As Bleak House illustrates, the Gothic also enhances the horror of the law. Dickens employs the genre in different ways within specific texts, such as ThePickwick Papers. How the diverse uses of Gothic pertain to the law in Dickens‘s fiction are considered in this paper.

Gothic Studies
Open Access (free)
Digital Bodies, Data and Gifts

and face recognition. Wearables are constituted through regulation and legalities: a plethora of ethical and legal norms and rules shape and constrain the development of wearables and their affordances. The main regulatory frames for wearables are data-protection and privacy laws, consumer regulation and human rights law, which govern research, development, deployment and integration across social fields. Among these are stakeholder groups (such as regulators, civil society

Journal of Humanitarian Affairs
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Towards a new philosophy of political legitimacy

Since the Enlightenment, liberal democrat governments in Europe and North America have been compelled to secure the legitimacy of their authority by constructing rational states whose rationality is based on modern forms of law. The first serious challenge to liberal democratic practices of legal legitimacy comes in Karl Marx's early writings on Rousseau and Hegel. Marx discovers the limits of formal legal equality that does not address substantive relations of inequality in the workplace and in many other spheres of social life. This book investigates the authoritarianism and breakdown of those state socialist governments which claim to put Marx's ideas on democracy and equality into practice. It offers an immanent critique of liberalism, and discusses liberal hegemony, attacking on liberalism from supposedly post-liberal political positions. Liberalism protects all individuals by guaranteeing a universally enforceable form of negative liberty which they can exercise in accordance with their own individual will. Immanuel Kant's critical philosophy both affirms and limits human agency through the media of rationality and legality. The conditions of liberal reason lay the groundwork for the structure of individual experience inside the liberal machine. The book also shows how a materialist reformulation of idealist philosophy provides the broad outlines of a theory of critical idealism that bears directly upon the organisation of the labour process and the first condition of legitimate law concerning humanity and external nature. Mimetic forms of materialism suggest that the possibilities for non-oppressive syntheses and realities are bound up with a libertarian union of intellect.

The reach of empire

Drawing on the latest contemporary research from an internationally acclaimed group of scholars, this book examines the meanings of 'law' and 'imperialism'. The book explores the effects of the presence of indigenous peoples on the modification, interpretation and inheritance of British laws and the legal ideology by white law-makers. It offers a brief history of imperial law, focusing ultimately on its terminal failure in colonialism. The first part of the book presents the processes of colonialism's legality, the internal dynamics of law's theories, the external politics of law's rule. A brief history of imperial law, focusing ultimately on its terminal failure in colonialism, follows. The second part foregrounds racial differentiation at the heart of colonialism, and the work of law(s), courts and legislatures. It helps in defining a colonial population and in categorizing and excluding colonized populations from citizenship in specific localities. The central theme of the third part of the book is conflict: of collision between differing legalities and concepts of justice. The focus is on legal principles and evidence, and on narrative as imperial power. The fourth part explores and analyzes specific historical instances where law and history intersect, challenging European paradigms of sovereignty and fairness from the perspective of indigenous rights. Colonialism lives on in settler societies and other so-called 'postcolonial' states. It lives in continuing conflict over natural resources, daily reconstitution of gender and 'race', and the ongoing challenge to the veracity of indigenous evidence in courtrooms.

The trial in history, volume II
Editor: R. A. Melikan

Lawyers had been producing reports of trials and appellate proceedings in order to understand the law and practices of the Westminster courts since the Middle Ages, and printed reports had appeared in the late fifteenth century. This book considers trials in the regular English criminal courts in the eighteenth and nineteenth centuries. It also considers the contribution of criminal lawyers in developing the modern rules of evidence. The book explores the influence of scientific and pseudoscientific knowledge on Victorian insanity trials and trials for homosexual offences, respectively. The British Trials Collection contains the only readily accessible and near-verbatim accounts of civil trials from the 1760s, 1770s, and 1780s, decades crucial to understanding how the rules of evidence developed. It might be thought that Defence of the Realm Acts (DORA) or its regulations would have introduced trials in camera. The book presents a comparative critique of war crimes trials before the International Military Tribunals at Nuremberg and Tokyo and the International Tribunals for the former Yugoslavia and for Rwanda. The first spy trial by court martial after the legal change in 1915 was that of Robert Rosenthal, who was German. The book also considers the principal features of the first war crimes trial of the twenty-first century in terms of personnel and procedures, the alleged crimes, and issues of legality and legitimacy. It also speculates on the narratives or non-narratives of the trial and how these may impact on the professed aims and objectives of the litigation.